43(B)log

OCTOBER 11, 2022

The parties used to have an ongoing business relationship in which both companies outsourced clients to each other and engaged in regular communications regarding their business operations. That didn’t amount to a “reasonable expectancy” of future business which was interfered with by Boston Suburban.

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Zillow argued that its conduct was “reasonable in relation to the development and preservation of [its] business.”

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

AUGUST 9, 2021

Similarly, “ordinary business transactions” can satisfy the substantial assistance element of an aiding and abetting claim “if the [defendant] actually knew those transactions were assisting the [principal] in committing a specific tort.

False Advertising 69

False Advertising Advertising Advertising Designs 69

43(B)log

MARCH 16, 2023

Despite Romag , the court declines to award disgorgement or fees in this false advertising case. A jury found that Harbor Breeze proved all elements of liability for false advertising but awarded $0 in damages and profits. But here, evidence connecting false advertising to defendants’ profits was lacking. (Is

False Advertising 59

False Advertising Advertising Advertising Litigation 59

43(B)log

OCTOBER 4, 2021

They allegedly wrongfully ousted Corkum and, when he asserted his rights, incorporated Oak City to continue the business, allegedly with LStar’s equipment, money, and intellectual property. Vining, 2021 WL 4344891, No. 5:20-CV-184-FL (E.D.N.C. Not every word on a label or ad is a mark. LStar didn’t plead its own trademark use.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

DECEMBER 22, 2023

The relief provided in the settlement (at least for those whose purchases are verifiable by Macy’s business records or who can provide proof of purchase) likely meets or exceeds what any class member could have procured by an individual lawsuit.” But fraud and unjust enrichment, along with UCC breach of warranty, did not create any conflicts.

False Advertising 59

False Advertising Advertising Advertising Settlement 59

43(B)log

AUGUST 27, 2021

Plaintiffs allegd both direct and contributory false advertising, which requires (1) that the “third party in fact directly engaged in false advertising that injured the plaintiff” and (2) “that the defendant contributed to that conduct either by knowingly inducing, or causing the conduct, or by materially participating in it.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. But Defendants have brought on themselves these unfortunate consequences through their false advertising.”

False Advertising 56

False Advertising Advertising Advertising Social Media 56

43(B)log

AUGUST 22, 2022

The First Amendment has long coexisted with no-fault false advertising laws. Content is typically commercial if it makes “representations of fact about the business operations, products, or services of the speaker (or the individual or company that the speaker represents). There was also no copyright preemption.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

APRIL 25, 2022

pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Defendants challenged whether plaintiffs identified any false or misleading statements by defendants. In Baldino’s Lock & Key Serv., Google, Inc., App’x 81 (4th Cir.

False Advertising 56

False Advertising Advertising Advertising Licensing 56

IP Law 360

MARCH 28, 2023

A Florida medical spa has settled a federal lawsuit with Houston-based rapper 50 Cent over a photo he took with its owner that was later allegedly used on social media to promote the business' services without his authorization.

False Advertising 73

False Advertising Social Media Advertising Advertising 73

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. It is enough if a defendant provides “a necessary product or service, without which the false advertising would not be possible.”

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

SEPTEMBER 29, 2021

The claims are mostly the kind of trade secret/tortious interference claims you’d expect from this setup, and I won’t say much about them, but there is also a false advertising claim about alleged misrepresentations of distributors’ income with Melaleuca.

False Advertising 45

False Advertising Advertising Advertising Social Media 45

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. caused ExeGi to lose business.” The jury “awarded ExeGi $15 million in damages after Alfasigma falsely advertised VSL#3 by referencing studies done on the De Simone Formulation,” and the district court found an intent to cause confusion.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

SEPTEMBER 16, 2021

It has more than 400 commercial customers, including global enterprises such as Walmart, Comcast, Cisco, and eBay, and also does substantial business with government agencies, including US agencies. Summary judgment granted on state and federal false advertising claims. False designation of origin: Yep.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

OCTOBER 9, 2023

million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment. Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

43(B)log

FEBRUARY 3, 2025

30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. As for her surveysone of home users and one of out-of-home users like office usersthe court also allowed them.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

43(B)log

JUNE 17, 2022

InterNACHI argued that ASHI’s tagline constituted Lanham Act false advertising because it portrays ASHI’s entire membership as being educated, tested, verified, and certified, even though its membership includes so-called “novice” inspectors who have yet to complete training or become certified.

False Advertising 56

False Advertising Advertising Advertising Marketing 56

43(B)log

MARCH 14, 2023

Route Consultant is a consultancy business that serves ISPs, as well as another type of FedEx contractor—transportation service providers or TSPs, who provide long-distance transportation services as opposed to actual package delivery, which is done by ISPs. Together they are known as CSPs, contracted service providers.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JANUARY 23, 2023

OSD’s signal-to-noise statement was literally false because it advertised its amplifier as having 115 decibels on numerous websites even though OSD said in other statements under penalty of perjury that the signal-to-noise ratio was 104 decibels, and it didn’t submit test results or objective evidence that it was 115.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

SEPTEMBER 10, 2021

AB argued that its ad never mentioned or referenced Logistick, so it couldn’t interfere with Logistick’s business. Further, it argued, Logistick basically just recited the elements about future relationships and knowledge. Although that seems right to me, the court disagreed.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

AUGUST 24, 2021

Following the Restatement of Conflicts, courts consider: “the place where the injury occurred; the place where the conduct causing the injury occurred; the domicile, residence, nationality, place of incorporation and place of business of the parties; and the place where the relationship, if any, between the parties is centered.”

Business 69

Business Law False Advertising Advertising 69

Technology & Marketing Law Blog

AUGUST 11, 2022

Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview. Chapter 9: False Advertising Practice and Remedies. Chapter 10: Other Business Torts. Chapter 4: Deception. Chapter 5: Which Facts Matter? Reasonable Consumers and Materiality. Chapter 6: Omissions and Disclosures.

Editing 126

Editing Advertising Advertising Marketing 126

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JULY 24, 2023

Injury: Damages and disgorgement under the Lanham Act require injury (for false advertising, not trademark infringement, despite the same statutory language covering both; no, I am not going to stop pointing this out any time soon). And economic analysis is a valid means of proving an injury caused by false advertising.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

JUNE 30, 2022

In addition, although expenses incurred in bringing the WCPA claim itself are not cognizable, “[i]nvestigation expenses and other costs resulting from a deceptive business practice sufficiently establish injury.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

SEPTEMBER 22, 2023

This allegedly harmed Geomatrix’s business. A similar fate awaited other Michigan common-law business tort claims: business defamation/injurious falsehood, fraud/misrepresentation, and interference with prospective economic advantage. Standard 40 certification is not a “consumer” good or service.

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

JULY 23, 2024

Preface Chapter 1: Overview Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview Chapter 4: Deception Chapter 5: Which Facts Matter?

Editing 98

Editing Advertising Advertising Marketing 98

IP Law 360

AUGUST 5, 2024

and its leaders of violating several laws related to fraud, conspiracy, contract violations and false advertising by claiming he was wrongly told the company would remain a nonprofit, in a suit filed in California federal court. Elon Musk on Monday accused OpenAI Inc.

False Advertising 52

False Advertising Business Contracts Advertising 52

IP Watchdog

JULY 23, 2024

After filing 13 lawsuits in 2023 claiming trademark infringement, deceptive trade practices, and false advertising related to the pharmaceuticals Ozempic and Wegovy, Novo Nordisk—a 100-year-old pharmaceutical company with its origins in Denmark—is once again making headlines.

Cease and Desist 59

Cease and Desist False Advertising Trademark Advertising 59

43(B)log

AUGUST 26, 2021

2, 2021) Allied, aka Republic, “provides waste and recycling services to business and residential customers in the Kansas City metropolitan area.” Republic alleged tortious interference, trespass/conversion, and false advertising claims. Allied Servs., Smash My Trash, LLC, 2021 WL 3354839, No. 21-cv-00249-SRB (W.D.

False Advertising 72

False Advertising Advertising Advertising Business 72

43(B)log

JUNE 26, 2023

WNI and AST sell directly to consumers, while Specialty is a wholesaler that sells to other businesses, including AST. Relevant background: more than 20 years ago, WNI purchased an enzyme blend in bulk from Specialty; it got sued for falsely advertising a product sourced from as containing enteric coated serrapeptase.

False Advertising 64

False Advertising Advertising Advertising Business 64

JD Supra Law

MARCH 27, 2023

One way to succeed in business is to build a better mousetrap. An alternative is to get a movie star or an All Black to make an ad telling the world that your mousetrap is totally awesome. By: Dentons

False Advertising 52

False Advertising Advertising Advertising Business 52

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. So Appian got summary judgment on Pegasystems’ claim money damages for lost business.

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

FEBRUARY 16, 2023

The court found that, based on text, legislative history, caselaw, and general anti-spam principles, “false or misleading information” meant false or misleading information about the commercial nature of the email, with the legislative history using examples like “hi There!”, “Information Request” and “Your Business Records.”

False Advertising 45

False Advertising Advertising Advertising Law 45

IP Law 360

FEBRUARY 24, 2025

A company that places senior citizens in retirement homes was hit with proposed class claims alleging it falsely advertises free services and steers business away from communities that decline to participate in its "pay-to-play" business model.

False Advertising 52

False Advertising Advertising Advertising Business 52